Agreements to construct, maintain, and operate transportation projects

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  1. (a)

    1. (1) A regional mobility authority may enter into an agreement with a governmental entity.

    2. (2) For purposes of this section, a governmental entity may include:

      1. (A) The federal government;

      2. (B) A state of the United States;

      3. (C) Another governmental entity;

      4. (D) A political subdivision of another governmental entity; or

      5. (E) A toll road corporation owned or operated by any governmental entity.

  2. (b)

    1. (1) A regional mobility authority may enter into an agreement to allow a public or private entity to:

      1. (A) Study the feasibility of a transportation project; or

      2. (B) Design, construct, maintain, or repair a transportation project.

    2. (2) A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project.

    3. (3) A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.

  3. (c)

    1. (1) A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project.

    2. (2) The development agreement may include provisions relating to:

      1. (A) The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and

      2. (B) Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project.

  4. (d) A regional mobility authority shall not incur a financial obligation on behalf of or guarantee the obligations of a governmental entity or a private entity that constructs, maintains, or operates a transportation project.

  5. (e) A regional mobility authority or a county or municipality that is a member of a regional mobility authority is not liable for any financial or other obligation of a transportation project solely because a governmental entity or a private entity constructs or finances part of a transportation project.

  6. (f) A regional mobility authority shall not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services.


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